17.24.1307    LITIGATION EXPENSES: WHEN DEPARTMENT MAY AWARD

(1) Whenever any final order is issued at the request of any person other than the permittee, permit applicant, or the department as a result of any administrative proceeding under the Act, appropriate and reasonable costs, expenses, and attorney fees incurred for or in connection with that person's participation in those proceedings may be assessed against either party.

(2) Whenever any final order is issued in any administrative proceeding under the Act at the request of the permittee, permit applicant, or the department, appropriate and reasonable costs, expenses and attorney fees incurred by the permittee, permit applicant, or the department for or in connection with participation in the proceeding may be assessed against any party if it is demonstrated that the party participated in the proceeding in bad faith and for the purpose of harassing or embarrassing the permittee, permit applicant, or the department.

(3) For the purposes of (1) and (2) of this rule, a final order is considered to have been issued at a person's request if the person made a substantial contribution to the issuance of that order.

(4) Attorney fees, costs and expenses recoverable under (1) and (2) of this rule include attorney fees, costs and expenses reasonably and necessarily incurred in seeking an award under this rule.

 

History: 82-4-205, MCA; IMP, 82-4-251, MCA; NEW, 1980 MAR p. 2875, Eff. 10/31/80; TRANS, from DSL, 1996 MAR p. 3042; AMD, 2024 MAR p. 260, Eff. 2/10/24.